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PART 9Power to obtain information and appeals

Appeal to First Tier Tribunal

87.—(1) Subject to paragraph (5), any person directly affected by a decision of the Secretary of State—

(a)to refuse an application for authorisation under Part 3 to act as a green deal assessor certification body or a green deal installer certification body;

(b)to impose or not to impose a sanction under Part 8,

may appeal to the First Tier Tribunal.

(2) The Tribunal must determine the standard of proof in any case.

(3) The Tribunal may suspend a decision pending determination of the appeal.

(4) The Tribunal may—

(a)in relation to a decision under Part 3 or 8—

(i)withdraw, confirm or vary the decision;

(ii)remit the decision to the Secretary of State;

(b)in relation to a decision whether to impose a sanction under Part 8, impose a different sanction or take different action.

(5) A relevant energy supplier may not appeal under this regulation unless it is affected by a decision for a reason which is not connected with its collection of payments under a plan.